King v. Mahaska County
Supreme Court of Iowa
Appeal from, Keokuk Circuit Court.- — IIon. W. R. Lewis, Judge. On the twenty-first day of July, 1881, the plaintiff and the defendant entered into a written contract for the building of a courthouse.
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Appeal from, Keokuk Circuit Court.- — IIon. W. R. Lewis, Judge. On the twenty-first day of July, 1881, the plaintiff and the defendant entered into a written contract for the building of a courthouse. By the terms of the contract the building was to be completed by the first day of May, 1883. The house was not completed by that time, and the plaintiff continued work on the building until November 1, 1883, and, it being still uncompleted, the defendant took possession thereof, and prosecuted the work on its own account, under the claim that the plaintiff had forfeited his contract. This action…
1Opinion of the CourtRothrock, J.
1. Counties: contract for courthouse: in excess of amount voted: ultra vires. — I. Provision had been made for the erection of the courthouse by a vote of the people the county, authorizing the expenditure of seventy-five thousand dollars for that purpose, and, by the written - contract between the parties, the plaintiff undertook to furnish all the materials and erect the building for that sum. As has been said, the house was to be completed by May 1, 1883, and the contract contained the further provision that if it should not be completed by the first day of November, 1883, then the second…
2Cases cited4 opinions
- Clark v. City of Des MoinesSupreme Court of Iowa · 1865
- McPherson v. Foster Bros.Supreme Court of Iowa · 1876
- Reichard v. Warren CountySupreme Court of Iowa · 1871
- Long v. Boone CountySupreme Court of Iowa · 1872
3Cited by6 opinions
- Sparks v. Jasper CountySupreme Court of Missouri · 1908
- Seaman v. Cap-Au-Gris Levee DistrictSupreme Court of Missouri · 1909
- Jacks v. TaylorCalifornia Court of Appeal · 1914
- State Ex Rel. Schlegel v. MunnSupreme Court of Iowa · 1933
- Grady v. City of LivingstonMontana Supreme Court · 1943
1 more not listed; retrieve them via the Exa API.